UAE: Obligating an employee to pay a fine of 15,000 dirhams due to a WhatsApp message

The Abu Dhabi Court for Family and Civil and Administrative Claims ordered an employee to pay her co-worker an amount of 15,000 dirhams, in compensation for the material and moral damages she sustained by insulting and threatening her through the social networking program "WhatsApp".

In detail, an employee filed a lawsuit against her co-worker, demanding that she pay her an amount of 51,000 dirhams, and oblige her to pay fees and expenses, noting that she had insulted her in a way that offended her honor and considered her, through the social networking program "WhatsApp", in inappropriate terms, and she was convicted. The defendant was criminally accused of insulting her, and the court punished her with a fine of 5,000 dirhams, confiscation of the phone, closing the "WhatsApp" account, and a fine of 1,000 dirhams for the crime of threat, which prompted her to file the present case. The court stated in the merits of the judgment that the error for which the defendant was convicted is the same as the error on which the plaintiff relied in filing the present case. In the occurrence of the act constituting the common basis between the criminal and civil lawsuits, and in the legal description of this act, and its attribution to its perpetrator, and then in this common matter he possesses the authority of the thing decided before this court, which has become restricted by establishing the error and attributing it to the defendant, so that it is forbidden to You violate it or re-examine it, and then the elements of tort liability have been met.

The court indicated that the defendant’s mistake is fixed as mentioned above, as this error is considered an infringement on the plaintiff in accordance with the provisions of Article (293) of the Civil Transactions Law, and it would lead to hurting her feelings, causing her grief and moral pain, and inflicting psychological and moral damage on her. Which makes the request for compensation for moral and moral damage come on the basis of reality and law, and worthy of acceptance.

The plaintiff's court refused to compensate for the material damage, noting that the plaintiff did not explain what the material damage was, nor did she provide any evidence of the losses she incurred, and the papers were devoid of any evidence in this regard, and her statements regarding compensation for the material damage were just statements sent, without Deed or evidence, and the court ruled obligating the defendant to pay the plaintiff an amount of 15,000 dirhams, compensating the moral and moral damages she had incurred, and obligating the defendant to pay the fees and expenses of the lawsuit.